My husband and I have been married for about 3 years and had separate checking and credit cards accounts for the last year. If he has balances on the credit cards that is only in his name, are those balances considered community property if we divorce, or will those balances be his?Thanks.
They would normally be considered community. However, that is only a presumption.For example, if charges made had absolutely no benefit for the community then the argument can be made that they would be her separate debt. An easy example that we have seen is where credit card debt was run up by a wife to be able to frequent a casino without the husband’s knowledge or approval.In general terms, titling accounts, automobiles and credit cards in the name of one spouse does not alter the community nature of the asset or debt unless it can be proven that the origin of the asset was separate. Of course, if there is a pre-nup agreement then there would be no community in the first place.